What's happening
This bill requires cities and counties using red light cameras to adopt privacy measures protecting personal information captured by these devices.
Why it matters
Limits on Image Content. The bill requires cities and counties to use technology that, as much as possible, prevents red light cameras from capturing images that identify drivers, passengers, or the interior contents of vehicles—addressing privacy concerns about unintended surveillance.
Strict Controls on Data Use and Sharing. Access to and use of images and license plate data are tightly restricted—information can only be used for issuing violations, collecting penalties, or when ordered by a court in connection to a specific crime or crash, reducing the risk of misuse or unauthorized data sharing.
Mandatory Data Deletion Timelines. The bill mandates the destruction of red light camera images within 30 days of capture or after adjudication/payment of fines (if that takes longer), helping to prevent the long-term accumulation of potentially sensitive personal information.
Oversight and Accountability. The legislation requires cities and counties to establish oversight procedures, as well as to anonymize data used for research or reporting, ensuring ongoing compliance with privacy protections and minimizing the risk of improper data retention or exposure.
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Who cares
Headline styles
Protect Traffic Camera Privacy
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2347
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the operation of traffic-control signal photo violation-monitoring devices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 1111-f to read as follows:
§ 1111-f. Traffic-control signal photo violation-monitoring devices; prohibitions and protections. Notwithstanding any other provision of law, rule or regulation to the contrary, a city or county authorized to install and operate traffic-control signal photo violation-monitoring devices pursuant to the provisions of section eleven hundred eleven-b of this article shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identifying information may be captured by such devices. Such privacy-protection measures shall include, but not be limited to:
1. utilization of necessary technologies to ensure, to the extent practicable, that photographs produced by such traffic-control signal photo violation-monitoring devices shall not include images that identify the driver, the passengers, or the contents of the vehicle. However, no notice of liability issued pursuant to section eleven hundred eleven-b of this article shall be dismissed solely because a photograph or photographs allow for the identification of the contents of a vehicle, provided that such city or county has made a reasonable effort to comply with the provisions of this section;
2. prohibition on the use or dissemination of vehicle's license plate information and other information and images captured by traffic-control signal photo violation-monitoring devices except as required to establish liability under this section or collect payment of penalties; or unless authorized by a court ordered subpoena or search warrant issued
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02356-01-9
S. 2347 2
in response to a request by law enforcement officials pertaining to a specific accident or specific incident of alleged criminal conduct; or except as otherwise required by law;
3. destruction of images obtained by the traffic-control signal photo violation-monitoring devices no later than thirty days from the date such images were recorded; or immediately upon adjudication of the liability and payment of fines, as provided in section eleven hundred eleven-b of this article, if either event occurs later than thirty days from the date such images are recorded;
4. the deletion of identifying information, including vehicles' license plate information, from records maintained for research purposes or for reporting purposes as detailed in section eleven hundred eleven-b of this article; and
5. oversight procedures to ensure compliance with the aforementioned privacy-protection measures.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the opera- tion of traffic-control signal photo violation-monitoring devices
Purpose
To limit the use of photo images obtained from traffic-control signal photo violation-monitoring devices used by cities or counties to promote traffic and pedestrian safety.
Summary of provisions
Section 1 of the vehicle and traffic law is amended by adding a new section 1111-f, which provides that a city or county authorized to install and operate a traffic-control signal photo violation-monitoring device shall adopt and enforce measures to protect the privacy of driv- ers, passengers and others.
Subsection 1 states that photographs produced by such traffic-control. signal photo violation-monitoring devices shall, to the extent practica- ble, not include images to identify the driver, passengers or contents of the vehicle.
Subsection 2 prohibits the use of the vehicle's license plate informa- tion and other information except as required to establish liability under this section or unless authorized or ordered by a court.
Subsection 3 requires the destruction of images obtained from the traff- ic-control signal photo violation-monitoring device no later than thirty days from the date such images were recorded, or immediately upon adju- dication of the liability and payment of fines.
Subsection 4 requires the deletion of identifying information, including license plate information, from records maintained for research purposes or for reporting purpose.
Subsection 5 applies oversight procedures to ensure compliance with the aforementioned privacy-protection measures.
Section 2 sets forth the effective date.
Justification
While traffic-control signal photo violation-monitoring devices (e.g., "red light cameras") promote traffic and pedestrian safety, it is crit- ical that drivers and the public are protected from potential abuses of the technology. This bill defines the acceptable use of images taken by traffic-control signal photo violation-monitoring devices to ensure that the privacy of drivers, passengers and others will be protected, without compromising the positive effects that these traffic-control signal photo violation-monitoring devices have on pedestrian and traffic safe- ty.
Legislative history
2018: S7088 - REFERRED TO TRANSPORTATION 2017: S491 - REFERRED TO TRANSPORTATION 2016: S163A/A5715 - AMENDED AND RECOMMITTED TO TRANSPORTATION/ referred to transportation 2015: S163/A5715 - REFERRED TO TRANSPORTATION/ referred to transporta- tion
Fiscal impact on the state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.